HomeMy WebLinkAbout20172200.tiffAugust 9, 2017
Petitioner:
KENDALL BERNIE L & ANDREA AIELLO
2675 65TH AVE
GREELEY, CO 80634-8904
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.co.weld.co.us
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: 2017-2200 Appeal #: 2008216766 Hearing Date:
Dear Petitioner:
On the day indicated above, the Board of County Commissioners of Weld County Colorado
convened and acting as the Board of Equalization, pursuant to C.R.S. Section 39-8-101 et seq., considered
petition for appeal of the Weld County Assessor's valuation of your property described above, for the year
2017.
Account # Decision
The Assessment and valuation is set as follows:
Actual Value as Actual Value as Set by
Determined by Assessor Board
R2576986 Stipulated - Approved
Stipulated Value
$412,301 $390,161
A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30)
days of the date the denial is mailed to you. You must select only one of the following three (3)
options for appeal:
1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of
Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be
the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your
valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals
pursuant to C.R.S. Section 39-8-108(2), only the record of proceedings from your hearing before the Board
of Assessment Appeals and your legal brief are filed with the appellate court.
All appeals to the Board of Assessment Appeals filed after August 10, 2016, MUST comply with the
following provisions of C.R.S. Section 39-8-107(5):
(5)(a)(I) On and after August 10, 2011, in addition to any other requirements under law, any petitioner
appealing either a valuation of rent -producing commercial real property to the board of assessment appeals
pursuant to section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 39-10-114 shall I
provide to the county board of equalization or to the board of county commissioners of the county in the
case of an abatement, and not to the board of assessment appeals, the following information, if applicable:
(A) Actual annual rental income for two full years including the base year for the relevant property tax year;
(B) Tenant reimbursements for two full years including the base year for the relevant property tax year;
(C) Itemized expenses for two full years including the base year for the relevant property tax year; and
(D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject
property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for
two full years including the base year for the relevant property tax year.
(II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within
ninety days after the appeal has been filed with the board of assessment appeals.
(b)(I) The assessor, the county board of equalization, or the board of county commissioners of the county,
as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal
with the board of assessment appeals not more than ninety days after receipt of the petitioner's request, the
following information:
(A) All of the underlying data used by the county in calculating the value of the subject property that is being
appealed, including the capitalization rate for such property; and
(B) The names of any commercially available and copyrighted publications used in calculating the value of
the subject property.
(II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b)
shall redact all confidential information contained therein.
(c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this
subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the county may move
the board of assessment appeals to compel disclosure and to issue appropriate sanctions for
noncompliance with such order. The motion may be made directly by the county attorney and shall be
accompanied by a certification that the county assessor or the county board of equalization has in good faith
conferred or attempted to confer with such petitioner in an effort to obtain the information without action by
the board of assessment appeals. If an order compelling disclosure is issued under this paragraph (c) and
the petitioner fails to comply with such order, the board of assessment appeals may make such orders in
regard to the noncompliance as are just and reasonable under the circumstances, including an order
dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer
shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest
shall resume as of the date the contested information has been provided by the taxpayer.
Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be
mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to
you.
The address and telephone number of the Board of Assessment Appeals are:
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, Colorado 80203
Telephone Number: 303-864-7710
Email: baa@state.co.us
Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the
first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent
must pay a fee of $101.25 per appeal.
OR
2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to
the District Court of the /county wherein your property is located: in this case that is Weld County District
Court. A hearing before The District Court will be the last time you may present testimony or exhibits or
other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further
appealed to the Court of Appeals pursuant to C.R.S. Section 39-8-108(1), the rules of Colorado appellate
review and C.R.S. Section 24-4-106(9), govern the process.
OR
3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this
option, the arbitrator's decision is final and you have no further right to appeal your current valuation.
C.R.S. Section 39-8-108.5 governs this process. The arbitration process involves the following:
a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue
arbitration. You and the Board of Equalization will select an arbitrator from the official list of
qualified people. If you cannot agree on an arbitrator, the District Court of the county in which
the property is located (i.e., Weld) will select the arbitrator.
b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the
date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of
Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator
has the authority to issue subpoenas for witnesses, books, records documents and other
evidence pertaining to the value of the property. The arbitrator also has the authority to
administer oaths, and determine all questions of law and fact presented to him. The
arbitration hearing may be confidential and closed to the public if you and the Board of
Equalization agree. The arbitrator's decision must be delivered personally or by registered
mail within ten (10) days of the arbitration hearing.
c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the
Board of Equalization. In the case of residential real property, the fess may not exceed
$150.00 per case. For cases other than residential real property, the arbitrator's total fees
and expenses are agreed to by you and Board of Equalization, but are paid by the parties as
ordered by the arbitrator.
If you have questions concerning the above information, please call me at (970) 400-4226.
Very truly yours,
az76i,e
Esther E. Gesick, Clerk to the Board
Weld County Board of County Commissioners
and Board of Equalization
Cc: Christopher Woodruff, Weld County Assessor
COUP BOARD OF EQUALIZATION
WELD COUNTY
Single. ountyr ehedule Number R2576986
STIPULATION (As To Tax Year 2017 Actual Value)
RE PETITION OF : R2576986
NAME: BERNIE & ANDREA AIELLO ENIALL
ADDRESS: 2675 65TH AVENUE
GREELEY, CO80634
.__
Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation
regarding the tax year 2017 valuation of the subject property, and jointly move the Board
of Equalization to enter its order based on this Stipulation.
Petitioner (s) and Assessor agree and stipulate as follows:
1. The property subject to this Stipulation is described as:
R 4WRa281 8 (WEST RIDGE AREA ANNEX) WESTRIDGE 4TH
FILING
2. The subject property is classified as Residential property.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2017:
Total $412,301.00
. After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2017 actual value for the subject property:
Total $390,161.00
5. The valuation, as established above, shall be binding only with respect to tax
year 2017.
6. Brief narrative as to why the reduction was made:
After exterior and interior inspection, corrected details of basementfinish,
first floor sif and changed quality. Agreed to set value to the lowest
comparable on the market grid.
7. Both parties agree that:
DThe hearing scheduled before the Board of Equalization on I ate) at
(Time) be vacated.
R2576986
1
ZA hearing has not yet been scheduled before the Board of Equalization.
ATED this 26 day of July, 2017
Petitioner(s) or Agent or Attorney
Address:
2177C oriC Ascr-ce
ec (ty, cce
Telephone: cl "'ltic 3 Y 7_ 3 Po
Docket Number
Stip 1.Frm
R2576986
/I/
ssistant) County Attorney fo
Respondent, Weld County Board of
Commissioners
Address:
1150 "0" Street
P.O. Box 758
Greeley, CO 80632
Tele•hone:(970) 336-7235
County Asse sor
Address:
1400 Wirth Avenue
Greeley, CO 80631
Telephone: (970) 353-3845 ext. 3697
2
r
NOTICE OF DETERMINATION
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
Date of Notice: 6/30/2017
Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:00AM — 5:00PM
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82576986
2017
2874
GR 4WR-28
STRIDE 4TH
L28
FILING
(WEST
RIDGE
AREA ANNEX)
RECEIVED
WE
: `-
KENDALL
BERNIE
L & ANDREA
AIELLO
.
2675 65TH
GREELEY,
AVE
Co 80634-8904
2675 65TH
AVE
GREELE'
, CO
JUL 10
WELDCOUNTY
COMMISSiONERS
2017
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RESIDENTIAL
412,301
412,301
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$412,361
$412,301
The Assessor has carefully studied all available information, giving particular attention to the
specifics included on your protest. The Assessors determination of value after review is based on
the following:
.DLO I - Your property has been uniformly valued following Colorado law. Your protest of value has
been denied due to comparison of other similar properties which sold during the 2015/2016 time
period.
If you disagree with the Assessor's decision, you have the right to appeal to the County
Board of Equalization for further consideration, § 394406(1 )(a), C.R.S.
The deadline for filing real property appeals is July 15.
The Assessor establishes property values. The local taxing authorities (county, school district, city,
fire protection, and other special districts) set mill levies. The mill levy requested by each taxing
authority is based on a projected budget and the property tax revenue required to adequately fund
the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall.
If you are concerned about mill levies, we recommend that you attend these budget hearings.
Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities.
Please refer to the reverse side of this notice for additional information.
Agent (If Applicable):
niteed 6 c;c4-e•
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23-01* 3\seir
Hand Oet:vercA
15 -DIET -AR
PR 207-08/13
R2576986
County Board of Equalization Hearings will be held from
July 24th through August 4t" at 1150 O Street
To appeal the Assessors decision, complete the Petition to the County Board of Equalization shown
below, and mail, file online, or deliver a copy of both sides of this form to:
Weld County Board of Equalization
1150 O Street, P.O. Box 758
Greeley, CO 80631
Telephone: (970) 356-4000 ext, 4225
Online: # ttp, rv+rw.co.wel _.cpAsiappsicbogi
To preserve your appeal rights, your Petition to the County Board of Equalization must be
postfnOrked or 'delivered on or before July 16 for real property - after such date, your right to
appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we
recommend that all correspondence be mailed with proof of mailing.
You will be notified of the date and time scheduled for your hearing. The County Board of
Equarlixation- .niusf mail a written decision to you within five business days following the date of the
decision. - The daiinly Board of Equalization must conclude hearings and render decisions by August
5, § 39-8-107(2),C.R.S. If you do not receive a decision from the County Board of Equalization and
you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by
September 10, § 39-2-125(1)(e), . , ,
If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your
appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of
the following.
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, CO 80203
(303) 866-5880
www.dola.colorado.govlbaa
District Court
Contact the District Court in the County
where the property is located. See your
local telephone book for the address and
telephone number.
Binding Arbitration
For a list of arbitrators, contact the County Commissioners at the address listed for the County Board
of Equalization.
If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document
falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed
on the next business day, a 39-14-120(3), C.R.S.
What is your estimate of the property's value as of June 30, 2016? (Your opinion of value in terms of a
specific dollar amount is required for real property pursuant to § 39-8-106(1.5), .R. .)
$3 ce cnrib
What is the basis for your estimate of value or your reason for requesting a review? (Please attach
additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original
installed cost, appraisal, etc.)
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I, the u - -rsggned owner or a ent1 of the property identified above, affirm that the statements contained herein
and # y attachments hereto are true and complete.
ignature
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c141 Telephone Number Date
Email Address
i Attach letter of authorization signed by property owner.
7/031M -le
1 �6eDPT-AID
PR 207-08/13
82576986
Re: Appeal of Assessment of property , 26 75 55th Ave. Greeley, Co
Account # R2576986
July 10, 2017
To Whom it may concern:
We wish to appeal the assessment of our property for the following
reasons:
1. The Quality of our property in former years has been "Fair" not
"Average". We have made no changes in the property to warrant
an upgrade to Average. Our understanding from county assessors
is that Fair refers to the size of the home in relation to others in
the subdivision. Our home is one of the smallest in Westridge and
is not the same quality construction. Our flooring is carpeting not
hard wood as is in the comparison homes noted.
2. There are several errors in the description of our home as
reported in the assessment ( The county assessor verified these
errors on 7/7 with a walk through of the house. ( Val Grube).
This raised ranch consists of two levels. The top level has 1100 sq
ft of living space upstairs and 1000 sq ft in the lower. Some people
refer to the lower level as a finished basement
An unheated passive solar addition was added. The upper portion
consists of a 168 Sq ft loft that overlooks the unfinished lower
level cement floor section. This addition was permitted at the time
of construction as an enclosed porch as it is not heated.
There are four bedrooms not five as reported. There are two
bathrooms not three as reported.
3. We also feel that a 45% increase in property value is
inconsistent with the rate of growth sited in the Tribune which I
believe was 25%.
Although we feel the 143. 31 set forth by the assessor's office to
be the final mark value is hi a as we do not have the same high
end finishings of the comparable home sited (Hardwood floors,
high end kitchens, bathrooms, tile,etc.) for simplicity we have
taken your figures. Removing the errors ( extra bathroom and
bedroom as well as finished square footage I would estimate the
value of the finished home to be 30U,300 not $412, 301 as set
forth by the assessor.
Further documentation is available should it be required. You may
also speak with Val Grube as she has visited the home.
Thank you for your consideration of this matter.
Andrea and Bernie Kendall
2675 65"h Ave
Greeley, CO 80634
970 397 3806
P.S. Please note that we will be out of the country from 7/31
through 8/23rd. We appreciate your setting an appeal date after
that time.
Subject Comp # 1
Sale Date 05/26/2015
Sale Price $0 430000
TmAdj Sale Price $0 451457
Parcel Number 095916301005 095916301004
Account Number R2576986 R2576886
Street Address 2675 65TH AVE 2655 65 AV
WELD COUNTY ASSESSOR'S
Sales Comparables Market Adjustment Grid
Comp # 2
05/15/2015
430000
451457
095916103002
R2572186
2305 59 AVCT
Comp # 3
03/31/2015
440000
465432
095916409009
R2586986
6037 24 ST
TOTALIMPSF 2877 2809 $0 2845 $0 2815 $0
TOTALLANDSF 112820 112820 $0 0 $0 0 $0
NBHDANDEXT 2107 - 01 2107 - 01 $0 2107 - 01 $0 2107 - 01 $0
OCCUPANCY Single Family Resid Single Family Residentie $0 Single Family Residentie $0 Single Family Residentie $0
Built -As Description Ranch 1 Story Ranch 1 Story $0 Ranch 1 Story $0 Ranch 1 Story $0
Quality Average Average $0 Average $0 Average $0
Condition Typical Typical $0 Typical $0 'Typical $0
Year Built 1974 1975 ($750) 1979 ($3,750) 1980 ($4,500)
Adjusted Year Built 1977 1980 $0 1979 $0 1980 $0
Residential SF 1533 1769 ($13,216) 2157 ($34,944) 2815 ($71,792)
Baths .3- L.- 4 ($6,000) 4 ($6,000) 3 $0
Basement Sq Feet 1025 1657 ($12,008) 2157 ($21,508) 1365 ($6,460)
Basement Finish 1025 1657 ($10,112) 2157 ($18,112) 0 $16,400
Basement Walkout 0 1 ($6,500) 1 ($6,500) 0 $0
Garage Total SF 858 663 $0 590 $0 552 $0
Garage -Attached 0 663 ($27,183) 590 ($24,190) 552 ($22,632)
Garage - Detached 858 0 $35,178 0 $35,178 0 $35,178
Bonus Room - Tot SF 0 0 $0 0 $0 0 $0
Land Adjustment 131132 131132 $0 147944 ($16,812) 140941 ($9,809)
Out Building Adjustment 34507 8871 $25,636 2687 $31,820 0 $34,507
Final Market Value
Final Market Value / SF
$412,301.00
$143.31
$ Adjustment'
Gross % Adjustment
Net % Adjustment •
Adjusted Sales Price
Adjusted Sales Price / SF
($14,955.00)
30.2538%
-3.3126%
$436,502.00
$151.72
$ Adjustment
Gross % Adjustment
Net % Adjustment
Adjusted Sales Price
Adjusted Sales Price / SF
($64,818.00) $ Adjustment
44.0383% Gross % Adjustment
-14.3575% Net % Adjustment
$386,639.00 Adjusted Sales Price
$134.39 Adjusted Sales Price / SF
($29,108.00)
43.2454%
-6.2540%
$436,324.00
$151.66
July 21, 2017
Petitioner:
KENDALL BERNIE L & ANDREA AIELLO
2675 65TH AVE
GREELEY, CO 80634-8904
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.co.weld.co.us
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket #: 2017-2200, AS0097 Appeal #: 2008216766 Hearing Date: 7/26/2017 3:00 PM
Account(s) Appealed:
R2576986
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of JULY 26, 2017, at or about the
hour of 3:00 PM, to hold a hearing on your valuation for assessment. This hearing will be
held at the Weld County Administration Building, Assembly Room, 1150 O Street,
Greeley, Colorado.
You have a right to attend this hearing and present evidence in support of your petition.
The Weld County Assessor or his designee will be present. The Board will make its
decision on the basis of the record made at the aforementioned hearing, as well as your
petition, so it would be in your interest to have a representative present. If you plan to be
represented by an agent or an attorney at your hearing, prior to the hearing you shall
provide, in writing to the Clerk to the Board's Office, an authorization for the agent or
attorney to represent you. If you do not choose to attend this hearing, a decision will still be
made by the Board by the close of business on August 5, 2017, and mailed to you within
five (5) business days.
Because of the volume of cases before the Board of Equalization, most cases shall be
limited to 10 minutes. Also due to volume, cases cannot be rescheduled. It is imperative
that you provide evidence to support your position. This may include evidence that similar
homes in your area are valued less than yours or you are being assessed on improvements
you do not have. Please note: The fact that your valuation has increased cannot be
your sole basis of appeal. Without documented evidence as indicated above, the Board
will have no choice but to deny your appeal.
If you wish to obtain the data supporting the Assessor's valuation of your property, please
submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you
have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will
notify you of the estimated cost of providing such information. Payment must be made prior
to the Assessor providing such information, at which time the Assessor will make the data
available within three (3) working days, subject to any confidentiality requirements.
Please advise me if you decide not to keep your appointment as scheduled. If you need
any additional information, please call me at your convenience.
Very truly yours,
BOARD OF EQUALIZATION
Esther E. Gesick
Clerk to the Board
Weld County Board of County Commissioners
cc: Christopher Woodruff, Assessor
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